De La Cruz-Flores was detained, charged and convicted by a "faceless judge" for the crime of terrorism. In 2003, laws were passed ordering the annulment of judgments made by secret judges and practitioners. De La Cruz-Flores, however, remained in captivity, captivity she argued was arbitrary. The Court held that Peru violated De La Cruz-Flores's rights under Articles 1(1), 5, 7 and 8 of the American Convention on Human Rights. The Court ordered Peru to reinstate De La Cruz-Flores in her previous employment, grant her any previous retirement benefits, pay her costs, pecuniary and non-pecuniary damages, grant her medical and psychological treatment and provide her with a grant for professional development.
Women and Justice: Keywords
International Case Law
De La Cruz-Flores v. Peru Inter-American Court of Human Rights (2004)
Lori Berenson-Mejía v. Peru Inter-American Court of Human Rights (2004)
The IACHR submitted an application to the Court to determine whether Peru violated Articles 1(1), 5, 8 and 9 of the American Convention on Human Rights to the detriment of Berenson-Mejia in relation to proceedings that took place against her before both military and civil courts, as well as to the inhumane conditions of detention to which she was subjected. The Court held that Peru violated Berenson-Mejia's right to humane treatment (Articles 5(1), 5(2) and 5(6) of the American Convention on Human Rights) due to the conditions she faced while incarcerated, violated Articles 1(1), 2, 8(1), 8(2), 8(2)(b)-(d), (f), and (h), 8(5) in relation to her military trial, but not to her civil trial. The Court ordered Peru to provide Berenson-Mejia with adequate medical care, to discharge the reparation established against her in favor of the State in her civil trial, to improve the conditions at the prison in which she was detained to meet international standards, and to pay costs and expenses.